[arin-ppml] ARIN Accounts for Financing / Leasing IP

Owen DeLong owen at delong.com
Mon Apr 10 17:05:10 EDT 2017


I can’t imagine a financial institution in their right mind taking IPv4 addresses as collateral on a loan (which would be the only 
reason for the “ownership” issue described).

Owen

> On Apr 10, 2017, at 13:46 , Martin Hannigan <hannigan at gmail.com> wrote:
> 
> 
> 
> On Mon, Apr 10, 2017 at 4:35 PM, William Herrin <bill at herrin.us <mailto:bill at herrin.us>> wrote:
> On Mon, Apr 10, 2017 at 3:04 PM, Robby Hicks <robby at usdedicated.com <mailto:robby at usdedicated.com>> wrote:
> Hey guys, quick question for you here. We are looking to buy a larger block of IP's, however we need to finance this out through a financing company. 
> 
> During the financing term, ownership of the IP would need to be by the financial institution, then transferred to our account after buyout is completed.
> 
> Hi Robby,
> 
> Contractually you do not own addresses allocated to you through ARIN's transfer process. In the Registration Services Agreement you signed you explicitly disclaimed ownership. There is no legal ownership, either by you or a financing company. There might or might not be legal ownership by ARIN -- that's not well defined by the courts yet. 
> 
> 
> 'Ownership' can be achieved. In terms of his question about financing, its an interesting request. It is possible to acquire space and if you properly engage "A" $RIR, you could well call it an asset. One won't be able to finance a debt position in it otherwise AFAIK since if it's not property and you don't own it you can't collateralize it. 
> 
> Organizations receiving IP addresses from ARIN must demonstrate an operational need. The financing company has no such need. Hence ARIN will not accept them as the registrant lawfully entitled to control of the address block.
> 
> To some extent you may be able to make binding legal promises to the financing company with respect to facilitating a subsequent transfer should you default on payments. A lawyer could help you figure out how. I'm dubious about your luck talking the financing company in to it.
> 
> 
> Or acquire assets in $REGION to satisfy the need for a financier to be able to take a debt position in an asset.  Hard pressed to believe anyone is going to finance anything but ERX/legacy addresses and only outside of the ARIN region. But then.. reputable and knowledgeable broker. 
> 
> Or... v6. <---
> 
> YMMV.
> 
> Best,
> 
> -M<
> 
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